Advisory Opinion: 1014

Year Issued: 1987

RPC(s): RPC 1.8(f)

Subject: Contact with represented party; lawyer retained by parent to represent child with court- appointed guardian ad litem

Your inquiry concerns a situation wherein a parent employs a lawyer to represent a child who is the subject of a juvenile dependency proceeding, and the court has appointed a guardian ad litem for the dependent child. The issue arises as to whether the lawyer employed by the parent may have direct contact with the child or whether there is an inherent conflict of interest because the lawyer had been selected and paid by the parent. The Committee was of the opinion that there is no inherent conflict of interest merely because the lawyer is being paid by a third party, but that since the guardian ad litem is in effect for the client, RPC 1.8(f) requires that the guardian ad litem's consent be given prior to any direct contact between the lawyer and the dependent child and any representation of that child.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.